Regrettably there are situations where conflict has gone beyond the point of facilitated discussions to achieve a working solution and where parties simply cannot agree between themselves on a way forward. In such circumstances mediation can provide an answer.
The classic definition of mediation is that it is ‘a flexible confidential process where a neutral person actively assist parties to achieve a negotiated solution’. It is a process that is widely recognised in the commercial world as a means to resolve disputes and is favoured because it is fast, cost-saving, future-focussed and preserves relationships. In the context of board disputes, it is highly effective for the same reasons, but it has additional benefits in maintaining an organisation’s effectiveness while protecting its reputation. Mediation promotes a consensus-driven approach so that the parties involved work with the mediator to find their own solution which may be as simple as agreeing a code for future conduct or something much greater in scale. One of the many benefits of mediation is that it allows for pragmatic solutions that might not otherwise be achievable. The mediator, because of her neutrality, acts as a coach and facilitator, helping the parties to find their way out of a problem and to move into the future.
Dorcas has a wealth of experience in mediating disputes, ranging from multi-million pound commercial contracts to workplace disputes between junior employees where, like board disputes, the issues are largely based on relationships rather than commercial issues. Regardless of the financial value, the same mediation principles of neutrality and confidentiality apply and are the key to successful resolution.
In the UK the success rate of mediation in resolving disputes is between 75-85%.
the better way provides an initial consultation at no charge to your organisation to discuss what is required and to explain the mediation process and how it will work for you. We will provide an estimate of the time required (usually a half or full-day mediation), details of the mediator, carry out conflict checks and make all the practical arrangements, where required, to set up the mediation.
In the event that Dorcas has any kind of conflict that would prevent her from conducting the mediation or affect her neutrality, the better way will provide one of our panel of expert mediators with experience in the relevant field.